letter to The Prime Minister of India on NOVARTIS targeting India

[Guest guest]

Dr. Manmohan Singh January 26, 2007

Hon’ble Prime Minister of India

The Prime Minister's Office

South Block, Raisina Hill,

New Delhi - 110011

India

Via fax: + 91-11-2301-6857/23019545

Dear Prime Minister Singh,

We, as members of the International Treatment Preparedness Coalition, are making

a plea for your urgent assistance in the following matter.

The International Treatment Preparedness Coalition (ITPC) is a coalition of

people living with HIV/AIDS and their advocates from Africa, Asia, Latin

America, the Caribbean, Eastern and Western Europe, and North America working

towards access to life-saving HIV

medicines for all who need them.

Novartis was one of the 39 companies that took the South African government to

court five years ago, in an effort to overturn the country's medicines act that

was designed to bring drug prices down. Now Novartis is targeting India.

In May 2006, Novartis initiated legal proceedings in India challenging the

rejection of its patent application for imatinib mesylate (Glivec/Gleevec). Not

only this, Novartis also in a separate legal petition questioned the compliance

of the Indian Patents Act with the World Trade Organization’s Agreement on

Trade-Related Aspects of Intellectual Property Rights (TRIPS).

This action contradicts the WTO Doha Declaration on the TRIPS Agreement and

Public Health that states that “…the Agreement can and should be interpreted and

implemented in a manner supportive of WTO Members' right to protect public

health and, in particular, to promote access to medicines for all.”

India produces affordable medicines that are vital to many people living in

developing countries. Over half the medicines currently used for AIDS treatment

in developing countries come from India.

If Novartis is successful in its challenge against the Indian government and its

patent law, more medicines are likely to be patented in India, making it very

difficult for generic producers to make affordable versions of them. This could

affect millions of people

around the world who depend on medicines produced in India.

We trust that you share our grave concerns about Novartis’ completely

unjustified litigation and that the Government of India is vigorously defending

the matter in the Chennai High Court. This is a matter of

life and death for millions of people with HIV/AIDS around the world, who are in

desperate need of affordable medicines.

Yours truly,

Shiba Phurailatpam, Asia Pacific Network of people

living with HIV/AIDS, Thailand

Obatunde Oladapo, Nigeria

Othman Mellouk, Morocco

Shukira Gull, Pakistan

Loon Gangte, Delhi Network of Positive People, India

Vijay Ramdas Nair, NIPASHA, India

Dr Tokugha Yepthomi, India

Habiba Akter, Bangladesh

Mercy Otim, Kenya

Mike Anganga, Kenya

Kasahun Argaw Gebremedhin, Ethiopia

Bartalomew Tarimo, Tanzania

Birungi Alice Hope, Uganda

Lillian Mworeko, Uganda

Akinyi, Kenya

Duong Truong Thuy, Vietnam

Pen Mony, Cambodia

Naoko Kawana, Japan

ura P. -Fontanez, Puerto Rico

Figueroa Fernandez, Puerto Rico

Carr, Jamaica

Olive Overett , Jamaica

Cai, China

Odilon Couzin, China

Jie Qin, China

Ako Cyriaque Yapo, Ivory Coast

Elie Gaston Bertrand Kampoer PFOUMINZHOUER, Cameroon

Barbara Opoku Addo, Ghana

German Rincon, Colombia

Estela Carrizo, Argentina

Burbano, Colombia

Rozette, Panama

Oswaldo Rada, Colombia

Tapiwanashe Kujinga, Zimbabwe

Tendayi Westerhof, Zimbabwe

Cesar Mufanequico, Mozambique

Grace Chidawarume, Malawai

Vergus, Russia

Raminta Stuikyte, Central and Eastern European Harm

Reduction Network, Lithuania

Shona Schonning, Russia

Viachesslav Vassiliev, Estonia

AGIHAS PWA Support Group, Latvia

Elena Traicu, Romania

Beri Hull, USA

Barr, USA

Moises Agosto, USA

Coffey, USA

Susie Lim, USA

Andy Quan, Australia

Schwartz, USA

Gregg Gonsalves, South Africa

Polly Clayden, UK

, USA

Tim Leach, Australia

, South Africa

Cc.

Dr Anbumani Ramadoss

Hon’ble Minster of Health and Family Welfare

Nirman Bhavan, Maulana Azad Road

New Delhi 110011

Tel: 91-11-23061751; Fax: 91-11-23062358

Naresh Dayal,

Health Secretary

Ministry of Health and Family Welfare

New Delhi 110011

Fax: 91-11-23061252

Sri Kamal Nath

Hon’ble Minster of Commerce & Industry

Room No. 45, Udyog Bhavan

New Delhi

Tel: 91-11-23061008, Fax: 91-11-23062947

Mr. T.C.

Deputy Secretary to the Government of India

Department of Industrial Policy and Promotion

Room No. 259, Udyog Bhavan

New Delhi 110011

Te: 91-11-23061957 Fax: 91-11-23061919

Mrs. Gandhi

President

Indian National Congress Party & Member of Parliament

10, Janpath

New Delhi 110 001

Tel: 91-11-23014161 Fax: 91-11-23018646

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